Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help ***Resolved***

[surrey_36]

I have sent Coast an Income & Expenditure to hopefully organise a token payment to them but they have replied asking for :

 

1. 3 months Bank Statements and proof of income, wage slips or benefits'

2. Is 1st charge mortgage on an interest only or repayment and what's the remaining term.

 

I don't feel comfortable sending this information at all especially given the unbelievable tactics they have used before (contacting neighbours) - leaving Royal Mail while you were out cards to get you to call them etc)

 

However, not so long ago I had court date from them and I don't want to go down that road again, the thought of court is too stressful and brings me very strong anxiety.  I would like to come to an arrangement with them (albeit very small/token as I am struggling on a single income with 2 children)

 

Thank you to anyone that can help me on this 

 

[surrey_36]

Thanks for reply DX and Renegadeimp - I got a court date through back end of last year and it terrified me the thought of losing my house over this.  They did indeed successfully scare me! Due to covid the court date was cancelled (big relief) and I was advised to try and settle the matter directly with them.

 

I have sent SAR but the info they sent doesnt date back as far to the beginning.

 

Am I in my right to send another SAR?

 

[surrey_36]

Thanks DX - is a SAR the best way forward for both of these debts.  Ive got in a bit of a mess with it all and think i need to start from scratch!

[surrey_36]

I am going through a previous SAR response, what is CAPITILISATION? there seems a lot of these..  apart from that thee is charges for letters/phone calls/visits

 

Received attached letter today..   Typical of them to throw in the nasty comment about repossession next month.. These people have filled me with fear for years!

 

Looking back through paperwork - I had forgotten about all the things they had done.  It does not surprise me for a period of my life I went into such terrible depression as reading back though everything its absolutely shocking.

 

One thing they have continuously done is contact my neighbours about me, asking questions about my activities.  The SAR states that an agent visited my house a few times in 2020 and spoke to the neighbour about me.

 

According to this letter I have 7 days to return bank statements before another court date hearing is set.

 

Coast - Welcome.pdf

Edited January 18, 2021 by surrey_36
wrong file type

[surrey_36]

hi DX . here is pdf

Coast - Welcome.pdf

Edited January 18, 2021 by surrey_36
wrong file type

[surrey_36]

Thanks Uncle Bulgaria, at the moment Im on an interest only mortgage that is at the end of term in 10 years.   I pay around £370 a month for mortgage - at the moment..  I've often thought of selling to access equity but very promptly been talked out of it and told i would be nuts to get off the ladder as would be impossible to get back on.

 

 

[surrey_36]

Attached our statements from 2007 

 

 

Welcome_Coast_Statements (1).pdf

[surrey_36]

dx I manage to locate quite alot of paperwork from welcome sent previously - what am I looking for? Im a bit worried that they are going to start court proceedings after their letter last week, im not keen to send them bank statements

 

Hi peterbard this is a secured loan , i dont believe there is any policy in place

 

dx should I have sent an SAR to Welcome and Coast even though Coast had taken over the loan?  I have a pile of paperwork i have located thats about 2 reems of paper, from the SAR's I have sent previously.  There is a lot of information - the SAR requests more recently were sent on CDROM and were not accessible after a certain amount of time (i think the username and passcode expire or something)

[surrey_36]

Thank you DX

there are some capitalisation charges of £10 or more - am i correct in saying that any capitalisation charged are not claimable

[surrey_36]

How do i find out the welcome interest charge - is the one on the agreement - as at the bottom of the statements it has different interest rates for different years !

[surrey_36]

THANK YOU DX!

[surrey_36]

can you advise best way to respond to their letter posted above as states I have 7 days to respond before they set a new hearing date, 7 days has elapsed

Edited January 25, 2021 by surrey_36

[surrey_36]

thank you dx

 

on the penalty charges- does this include;

 

legal fees

site visits

letter

telephone call

court fees

 

 

[surrey_36]

they stopped charging interest 14 December 2009 - does this mean any legal fees after this cannot be included in the claim

[surrey_36]

yes only legal charges

7/5/19 Field Agent cost £60.00

10/2/20 Legal Fee £57.50

21/5/20 Legal Fee (I received a court order and was given a hearing date that was cancelled because of covid) £707.80

[surrey_36]

Ok no probs thanks for help with this

this is where Ive got to so far - total claimable £608.55

 

Claim From:		14/12/2009					Total		£608.55
Claim To:		26/01/2021
Date of Charge	Description						Amount of Charge	Number of Days Elapsed	Interest at 8% Simple
14/12/2009	charges						£321.40	4061	£287.15

 

 

[surrey_36]

I will have another go at this- should the figure be higher or lower?

 

I had a letter from Coast couple a  few weeks ago saying they were considering re applying to the court for repossession.  I responded twice by recorded delivery offering a token payment until I'm back on my feet and out of lockdown etc, they came back to me and said that the token payment was not acceptable so l replied again and asked them what would be acceptable.   I have had no response from that letter until Today I received a pack;

 

Cover letter from HM Courts & Tribunals saying the claimant has applied to court to evict me' (My house is mortgaged) - this mentions possession of property and eviction.

'Claim for Possession of Property'

'Notice of Hearing'

'Defence Form' (rented residential premises)

 

In addition to this seperately by post yesterday arrived a letter from Coast saying that a court charge had been applied to my account - there was no mention at all of receipt of my letter I had sent by recorded delivery.

 

I will get on with getting the CIS Sheet completed. 

[surrey_36]

Just noticed that the Court date is on a Saturday! I didnt think cases were heard at the weekends

[surrey_36]

Evening DX - yes I can do some scanning- everything in the pack with personal details and ref numbers erased?

OK to keep dates?

[surrey_36]

Their solicitors TLT contacted me last year to say that proceedings had been cancelled and they encouraged me to come to an agreement with the client, Coast/Welcome.  

 

So as they are calling it a mortgage - does that mean its invalid? Also seems confusing that the defence form is questions about rental and being evicted

 

With regard to pre action protocol - I was in communication with them trying to agree a token payment until lockdown was over and back into full time work.   I was also hoping to send them the claim for the charges from the CIS Sheet.

 

I sent both my letters by recorded delivery and have proof of delivery for both!

 

I have attached the docs - apologies for error!

Coast_Court_Docs_compressed - no detail.pdf

[surrey_36]

A lawyer has been dealing with this (as I was struggling to deal with this alongside my current PTSD trauma counselling.) - now have Notice of Hearing which says " A Judge has decided that this case should proceed to a possession hearing, you must attend this hearing, if you do not the order may be made in your absence.  If you are unable to attend for any reason you must contact the Court or the other party immediately.  

 

It goes on to suggest that seek legal advice or get myself representation.

 

I advised the lawyer that there were legal charges on the account but i don't think this has been mentioned to the court in previous communications.

 

I have been advised today that the worst case scenario is that the full debt will have to be paid immediately - if that is the worst case I have no idea how that will happen given that I have £287 to my name.

 

I'm having PTSD trauma counselling at the moment and passed this over to family to help who involved a lawyer to help with but fear that this may have been wrong decision 

 

 

[surrey_36]

Hello Ell-enn, thanks so much for looking at this

 

I have received;

 

1. 'Notice of hearing' with date and time confirmed (approx 3 weeks time) 

 

2.  Also received (i think at the same time) 'General Form of Judgment or Order ' stating the judges names and the court address also states 'IT IS ORDERED THAT' : Because this order was made without a hearing, any party may apply for it to be varied, stayed or set aside.  Such application must reach the court within 7 days of service of this order.

 

3. Letter from HM Courts & Tribunals Service: "We have sent you this pack because the claimant (your landlord or mortgage provider) has applied to the court to evict you. "You must act now as you are risk losing home etc etc" Contact local duty advisor etc

 

4.  Letter from TLT stating they have been instructed so start re-possession proceedings relating to the above property. With details of the Court date and time etc.

 

5. Another letter from TLT 'Notice of Substantive Hearing' with date time of hearing 

 

That's the lot!

[surrey_36]

Thanks Ell-enn for this very helpful info - the arrears balance is around £20K, that's including all their fees and charges, recent legal fees etc. Last payment was made quite some time ago possibly 2+ years ago.

 

I had contacted them and asked them if they would accept a significantly reduced settlement figure and that if it was reasonable i may be able to ask family to help but they did not even respond to this and continued with their court proceedings.

 

The lawyer is going to try and negotiate with them over the next few days.  Mates rates for lawyer so thats good news although this is not their area of expertise.   

[surrey_36]

I'm not sure what terms they are going to negotiate, I did mention that there were lots of illegal charges and fees on the account that needed to be deducted with interest but they didn't agree.

 

My parents can help but they are retired and in their 80's and they are both unwell.   So they can help but not much.

 

A few years ago Welcome offered me a settlement figure of £3.5K - I would have snapped that up then if i could but if they were to offer similar now I would definitely ask my parents, i don't think they will offer that low though (If they do at all!)

 

 

[surrey_36]

Update: In court last week.   Coast were represented by Council, neither TLT or Coast were present.  They were pursuing for possession/eviction - the judge granted a 2 week adjournment, due to personal circumstance and the fact that I had proof that I had to tried to contact them to negotiate a deal to which they did not respond.   

 

The court were also concerned that the court helpdesk advisor (that has been helping me the case and came into the courtroom with me) also contacted them and they also did not respond to her either.   

 

The judge was not impressed with that and basically gave me a 2 week adjournment to go away, contact Coast and try and negotiate a deal. 

 

There was a complication, the judge said that really if following protocol correctly she should grant the possession as Claimant pointed out that the loan had become fully payable and that a full demand for payment had been issued.   I wander if they are referring to the end of the contract because if so that is not until 2022.

 

I contacted Coast straight away and was connected with someone from Target to negotiate and was advised that no offer would be accepted and that only full settlement of the loan would be accepted which is around £19K.

 

No mention of the illegal charges on the account was mentioned in court as the Citizens advise legal advisor suggested this may only complicate things in the courtroom that day.

 

Having a good look at the original very difficult to read original agreement and the recon copy it looks as though amounts are different.  For example original loan agreement says advance amount is £15000, the recon copy says advance amount is £16500.00, including different monthly payments.

 

Requested from Target a letter of authority to allow someone else to negotiate on my account.  They said they would post last week and still not arrived.   

They said they could not email this, sent email and been trying to call but no answer from Coast Finance. No letter of Authority has arrived and no answer from phone as of yet! (25 mins on hold!)

 

Supposedly back in Court next Tuesday but awaiting notification from Court.  

 

Edited September 2, 2021 by dx100uk
added A few blank lines only..dx